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2� 15�8�57 <br /> acts which Beneficiary deems proper to pratect the securi�y hereof, includ�ng but <br /> not limited to those granted Beneficiary pursuant tv the other Loan D�Cuments; <br /> and either with or without taking possess�on, in its vwn name, sue far or otherwise <br /> cflllect and recei�e Rents, issues, and profits, including�hose past due and unpaid, <br /> and Trustor irre�ocably appoints Beneficiary its true and lawful at�orney-in-fact, <br /> coup�ed wi�h an interest, with ful� power af substitution fvr such purposes, and <br /> Benef ciary may apply the same less costs and expenses of operation and <br /> callection, inCluding reasanab�e attorneys' fees and Beneficiary's costs, upon any <br /> Secured Indebtedness, and in such order as Beneficiary may determine. Upan <br /> request of Beneficiary,Trustor shall assemble and make available to Beneficiary at <br /> the Prernises any af the M�rtgaged Property which has b�en remov�d therefrom. <br /> The entering upon and�ak�ng possession of the Martgag�d Property, the collection <br /> of any Rents, issues and prafits and the applicat�on thereof as aforesaid, shall na� <br /> cure ar waive any default theretofore ar�hereafter oCcurrin�, or affect any natice of <br /> default hereunder or in�alidate any act dane pursuant to any such notice and shall <br /> nat constitute a wai�er of any other remedies of Seneficiary under the Loan <br /> Documents. Notwithstanding Bene�ciary's cantinuance in passession �r receipt <br /> and application af Rents, issues or prafits, Beneficiary shall be entitled to exercise <br /> e�ery righ� pr�vided for �n this Deed vf Trust ar by law upon ar after the <br /> occurrence of a default, including the righ� to exercise the power of sale. Any of <br /> the actions referred tfl in this paragraph may be taken by Beneficiary at such time <br /> as Benef ciary is so entitled, without regard to th�adequacy of any security for the <br /> S�cured Indebtedness. <br /> B. S enefi c iary shall, without regard to the adequacy o f any security far the S ecured <br /> Indebtedness, be entitled as a matter of right to the appointment of a receiver by <br /> any court ha�in��}urisdictian, withaut noti��, to tak� immediate passessian of and <br /> protect�he Mortgaged Praperty, and operate the sarne and ca��ect the Rents, issues <br /> and profits ther�from. <br /> C. Beneficiary may bring an action in any court of c�mpetent jurisd�ctifln to for�close <br /> this Deed of Trust as a mortgage and sell the Mortgaged Property pursuant to the <br /> judgment or decree of a caurt af competen�jurisdic�ion or t� enfarce any of the <br /> co�enants hereof. <br /> Beneficiary may elec�to�ause the M�rtgaged Property,ar any part Chereof, to be sold <br /> as fallows: <br /> i. Beneficiary may pr�ceed as if all of the Mor�gaged Praperty were rea� <br /> prvper�y, or Beneficiary may elect �o treat any of the Mor�gaged Property <br /> which consists of a r�ght in action flr which is praperty that can be severed <br /> from the Premises withaut causing structural damage thereto as if the same <br /> were Personal Proper�y, and dispose of the same s�parate and apart from the <br /> sale af real proper�y, the rernaind�r of the Mortgaged Property being treat�d <br /> as r�al property. � <br /> ii. Benef ciary may cause any such sale or ather disposition to be conducted <br /> immediately follawing the expiration of any grace period, if any, herein <br /> provided �or immediately upon �he expiration af any applieable period <br /> 23 <br />